The key to staying out of trouble with environmental authorities is in knowing which reports you owe to whom after accidental releases of fuel, spent solvents, cleaning materials, toxic chemicals and other hazardous materials. Never try to cover up an environmental incident. Stiff fines for failure to report make that an unwise decision. In fact it's better to report a spill even if you do not believe it involves a reportable quantity. If someone in authority says it isn't reportable, that is the best legal defense against third-party claims related to the spill. Just make sure you get the name, position and phone number of the person who said you didn't need to report it.

Get to know your local and state environmental authorities and the reporting requirements of each jurisdiction in which you maintain and operate equipment. Laws vary from one jurisdiction to the next. Some jurisdictions require environmental or ground water testing after a spill. In a maintenance facility that handles and manages a broad variety of chemicals and wastes, pollution prevention and proper disposal of regulated materials are primary considerations. Check with environmental authorities to ensure that you are in compliance with all regulations regarding water runoff, underground and above ground storage tanks, and spill prevention/containment.

Thorough documentation of every environmental release is the best way to maintain a legally defensible position and avoid being included as a responsible party to a pre-existing contamination problem. A detailed log should be kept of all actions taken after a spill to document that your release was separate in time, separate in nature and was the subject of a separate and complete response and remediation. A driver involved in a fuel spill should record the quantity spilled (based on last fueling and miles driven), times and phone numbers of calls he made to report the incident, actions he took to contain the leak, actions taken by emergency responders at the scene, number of responders, time on scene, and equipment used.

Spill Center provides spill support to clients, assisting with custom spill contingency planning, cleanup contractor referrals, regulatory reporting, invoice auditing and documentation of incidents. To learn more about Spill Center spill support and environmental claims management services, visit our website at www.spillcenter.com. Or call Tom Moses, Spill Center president, directly at 978-568-1922, x222. Email: tmoses@spillcenter.com.